How long after a divorce can I petition for citizenship for my boyfriend? 9 Answers as of August 04, 2011

I am a US Citizen and I am currently married. I sponsored my husband and he just recently got his 10 year permanent green card. We are in the process of getting a divorce. My current boyfriend is illegal and I would like to help him. How long do I have to wait before I can marry my current boyfriend and petition for him?

The immigration laws do not provide for a waiting period for a US citizen to file a Petition for Relative (Form I-130) on behalf of an immediate relative (such as a spouse). However, the DHS/CIS may be more inquisitive in regard to a Form I-130 filed by a US citizen who has petitioned for more than one foreign national. Contact us for more information.

There is no time limit but the sooner you divorce him and marry your boyfriend, the stricter the USCIS would scrutinize your petition. The main problem is whether your boyfriend came to the US legally. If not, he may be NOT eligible to adjust status unless he is 245i protected(in the US on 12/20/00 and an immigrant visa petition or labor certification was filed for him on or before 4/30/2001).

You don't have to wait. However, your second relationship will be under close scrutiny because your divorce immediately after your ex received green card. You should retain a lawyer's service to be sure you can help your boyfriend successfully. Linda

If you are suggesting that you were not really in a bonafide relationship with your husband and still jointly petitioned for his 10 year card and maintained relationship with a boy friend, you may have committed marriage fraud or misrepresentation. I do not recommend getting married to help someone

The shorter the time in between marriages the more scrutiny the marriage will receive and the more difficult it will be for him to legalize. Depending how he arrived in the U.S., he may or may not be able to become legal without leaving the country. You need to speak with an immigration lawyer after the divorce is finalized.

There is no waiting period for you to sponsor another spouse for permanent resident status if you are a U.S. citizen and did not obtain citizenship through marriage yourself. However, the Immigration Service may have concerns about the bonafides of your second marriage if you remarried soon after your divorce and your relationship with your prior spouse whom you also helped to get a green card ended soon after he received his permanent green card. You should consult with an experienced immigration attorney who had a chance to evaluate both relationships regarding any potential immigration issues.

Hello, You can petition him the day after you are legally/officially divorced. Of course, you need to confirm the type of filing you will do for your boyfriend because of his illegal status. There are only a few exceptions when he can process/Adjust his Status in the U.S. while illegal (presuming he entered unlawfully).

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